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Topic
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Our old friend “whale” has a dilemma: he parked in a visitor spot when he shouldn't have and the duco on his classic car was damaged by leaching from the roof of the car park. Who pays for what?
Anyone with any advice please for a Flat Chat stallwart?
Here's the original posting : /forum/common-property/damage-to-parked-vehicle-in-basement-carpark/
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
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Replies
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Whale should get it fixed through his own insurance company.
It will be dead simple and any other path of action will cause him a terrific amount of angst and is not worth it. This is what insurance companies are for.
Urban Spaceman is probably right, let his insurance company look after it. He gets his car fixed pronto; then his insurance company will be the one to decide 1. whether to, 2. how, and 3. from whom money may be recovered. Not Whale's hassle any more.
Thanks Urban & Dean, but this is a Strata matter, and my vehicle's covered by the Owners Corporation's Insurance (Legal Liability) that as an Owner I contribute to!
If I claim against my own Insurance, my NCB will increase, my next premium will increase, and my Specialist Insurer like most others will probably not try to recover its costs from the at-fault party (the Owners Corporation).
I appreciate your opinions, but as my original post stated, the Owners Corporation was supposed to have all the leachate points identified and fixed as part of a Common Property Risk Assessment in both 2009 and 2010, and they didn't do that Assessment and didn't fix the leachate problems that ultimately damaged my car – now they're ducking, weaving, and being less than honest with me about these problems with Common Property that they're legally responsible for maintaining.
What do the Strata Lawyers think?
(PS – my car's at the repairers now, and I'll pay for those – and possibly go to the Small Claims Court to seek a judgement for $1K of my costs, because I shouldn't have parked in the unmarked visitors' space; even for 15 hours)
Trust me, Whale, I've been to a very similar place. Just claim on your OWN insurance. It's not worth the drama and sleepless nights if you do it any other way. Let your insurance company talk to the other insurance companies. Your company may not penalize you if jump-up-and-down enough, and I can tell you're that kind of guy.
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